United States v. Garrett

984 F.2d 1402 (5th Cir. 1993)

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Nature of the Case

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Facts

Garrett (D) was a passenger attempting to board flight 457 from New Orleans. Passing through airport security, a gun was discovered in her handbag. D told security personnel that she had forgotten that the gun was in her purse. D was found guilty of Section 1472(l)(1) and given a $25 fine and five years probation. D was also ordered to reside in a halfway house for six months. The magistrate used a should have known standard for mens rea. D appealed; her conviction was invalid because it was not proven that she knew a gun was in fact in her purse. P argued that the statute imposed strict liability.